Dr. Seuss Enterprises, L.P. v. ComicMix LLC et al

Filing 100

ORDER Granting 99 Joint Motion to Amend the Scheduling Order. Signed by Magistrate Judge Bernard G. Skomal on 7/10/2018. (mpl)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9
10
11

Dr. Seuss Enterprises, L.P. a California
limited partnership,

ORDER GRANTING JOINT
MOTION TO AMEND THE
SCHEDULING ORDER

Plaintiff,

12
13

Case No.: 16-cv-02779-JLS-BGS

v.

17

ComicMix LLC; a Connecticut limited
liability company; Mr. Glenn Hauman; an
individual; Mr. David Jerrold Friedman,
an individual also known as David
Gerrold; and Mr. Ty Templeton an
individual,

18

Defendants.

14
15
16

[ECF No. 99]

19
20

On July 10, 2018, the parties filed a Joint Motion to Amend the Scheduling Order

21

(ECF No. 99) in which that they request leave to take a combined Rule 30(b)(6) deposition

22

of Dr. Seuss Enterprises L.P. and Rule 30(b)(1) deposition of Dr. Seuss Enterprises L.P.

23

President Susan Brandt six days after the close of fact discovery, on July 18, 2018. (See

24

ECF No. 91 ¶ 1 [setting fact discovery deadline as July 12, 2018].)

25

Federal Rule of Civil Procedure 16(b)(4) provides that “[a] schedule may be

26

modified only for good cause and with the judge’s consent.” Civil Local Rule 16.1(b)

27

requires all counsel and parties to “proceed with diligence to take all steps necessary to

28

bring an action to readiness for trial.” In determining whether there is “good cause” under
1
16-cv-02779-JLS-BGS

1

Rule 16(b), the Court “primarily considers the diligence of the party seeking the

2

amendment” and the “moving party’s reasons for seeking modification.” Johnson v.

3

Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Good cause exists if the

4

party can show that the schedule “cannot reasonably be met despite the diligence of the

5

party seeking the extension.” Id.

6

The parties have set forth the diligence with which they have conducted discovery

7

and attempted to schedule a Rule 30(b)(6) and Rule 30(b)(1) deposition of Dr. Seuss

8

Enterprises L.P. President Susan Brandt. (See ECF Nos. 99 at 2-4; 99-1 ¶¶ 12-17; 99-2

9

¶¶ 6-32). Accordingly, good cause appearing, the parties’ Joint Motion to Amend the

10

Scheduling Order (ECF No. 99) is GRANTED. The parties may take a combined Rule

11

30(b)(6) deposition of Dr. Seuss Enterprises L.P. and Rule 30(b)(1) deposition of Dr. Seuss

12

Enterprises L.P. President Susan Brandt on July 18, 2018.

13
14
15
16

All other dates and deadlines set forth in the First Amended Scheduling Order (ECF
No. 91) remain in effect.
IT IS SO ORDERED.
Dated: July 10, 2018

17
18
19
20
21
22
23
24
25
26
27
28
2
16-cv-02779-JLS-BGS